Thomann suing Fender over cease-and-desists
The world’s largest music retailer, Thomann, is sporting Fender in a rare escalation over the guitar firm’s recent wave of cease-and-desists.
Thomann, whose in-house guitar model Harley Benton was hit by a cease-and-desist of its personal, has turn out to be the primary agency to take Fender to court docket within the ongoing Stratocaster copyright dispute.
“After careful consideration, we have decided to take legal action,” a statement on the Thomann blog reads. “We have done so because we are convinced that the questions raised here go far beyond a mere legal dispute and affect the future of diversity, innovation and competition in our industry.”
Thomann claims it’s appearing on behalf of different distinguished manufacturers and smaller producers, and particularly names “custom shop brands and innovators”, together with Tyler, Tom Anderson, Suhr, LsL, Maybach, Pensa, FGN, and PRS as corporations that it believes at the moment are in danger because of the present authorized motion.
The retailer was based in 1954, the identical 12 months as Fender launched the Stratocaster, and it has carried the model for over 70 years. Many of his workers play Fender guitars. Accordingly, it says Fender’s motion in opposition to longstanding enterprise companions has “surprised and disappointed us.”
“We used to be a small music store ourselves and know exactly where we have come from,” says Thomann CEO Hans Thomann.
“Diversity, fairness and respectfully dealing with each other have always been part of our philosophy. Many of those affected do not have the financial and legal means to conduct such a legal dispute. We therefore see it as our responsibility to have this matter clarified in court not only for our own company, but for all parties involved.”
In its authorized motion, Thomann can be pursuing similar arguments to industry lawyer Ronald Bienstock: specifically that the Stratocaster isn’t a copyrightable ‘murals’ because the court docket of Dusseldorf has dominated. Rather, its design and subsequent success is right down to ergonomics, which is what has led to the proliferation of variations in its wake.
We urge Fender to cease issuing stop and desist calls for in opposition to producers, distributors and sellers and to return to a good, cooperative partnership
Thomann concludes its assertion with a direct enchantment to Fender on behalf of the trade at giant.
“The history of the Stratocaster has not been written by one company alone. It has been shaped by musicians, luthiers, developers and manufacturers around the world. Its importance for the music world also arises from the sheer number of people who built on it and developed new ideas from it.
“We see this variety as one of many nice strengths of our trade.
“That is why we will continue to pursue the legal path we have chosen. Not only for our own company, but also for the many manufacturers, dealers and guitar makers who have shaped our industry for decades and continue to shape it.
“We urge Fender to stop issuing cease and desist demands against manufacturers, distributors and dealers and to return to a fair, cooperative partnership.
“Because we are convinced of this: The future of the guitar world depends on diversity, innovation and the freedom to create.”
Thomann and Fender have been contacted for comment.
Fender’s recent legal movements stem from a default ruling issued by the Regional Court of Dusseldorf in Marchwhich granted “enforceable rights against any guitars using the Stratocaster body shape” within the EU.
In May, it issued cease-and-desist letters to numerous corporations it believed to be producing Strat “copies”, amongst them family-owned LsL Instruments and PRS Guitars.
Although Fender has since sought to border its actions as “working directly with companies to find practical paths forward”they’ve been met with backlash from the guitar neighborhood, with a number of distinguished YouTubers criticizing and even cutting ties with the company.
